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K-1 EAD and work - Part Deux

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K-1 EAD and work - Part Deux

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Old May 23rd 2008, 7:44 am
  #31  
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Default Re: HPV vaccination

Originally Posted by Knight
( 5 ) In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, an unexpired foreign passport with an Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, so long as the period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the Form I-94. (Paragraph (b)(1)(v)(A) Amended 9/20/93 at 58 FR 48775 did not become effective until 3/20/96; 60 FR 14353 ) (Revised effective 10/4/96; 61 FR 46534 ) (Revised 9/30/97; 62 FR 51001 )

That certainly doesn't cover a K1 holder with their unstamped I-94.
It certainly does.

Ian
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Old May 23rd 2008, 7:44 am
  #32  
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Default Re: HPV vaccination

Originally Posted by ian-mstm
This is on the I-9... so... presumably, you're filling it out in response to a job offer made by a specific employer. IOW "the employer". This is how my minions and I interpret the I-9... y'all can interpret it differently if you want... but it'll make life more difficult for you!

Ian
Doesn't make life more difficult for any of us who already have their green cards (or in my case, my spouse has his).

Thought we were just having a healthy discussion here, and a debate of a somewhat grey area, but obviously that isn't possible.

Just close the thread now - it's pointless if you're right and everyone else is 'making life difficult'!
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Old May 23rd 2008, 7:47 am
  #33  
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Default Re: HPV vaccination

Originally Posted by ian-mstm
It certainly does.

Ian
What?

It's talking about those who are authorized to work for a specific employer, that doesn't cover K1.
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Old May 23rd 2008, 7:49 am
  #34  
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Default Re: HPV vaccination

Originally Posted by TracyTN
Thought we were just having a healthy discussion here, and a debate of a somewhat grey area...
I certainly thought that was true, yes!


... it's pointless if you're right and everyone else is 'making life difficult'!
Funny thing about immigration... people start to "second guess" themselves even when the path is (relatively) straight. Remember Ockham's Razor!

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Old May 23rd 2008, 7:50 am
  #35  
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Default Re: HPV vaccination

Originally Posted by Knight
It's talking about those who are authorized to work for a specific employer, that doesn't cover K1.
The K1 beneficiary is authorized to work for any employer... even a specific employer.

Ian
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Old May 23rd 2008, 7:58 am
  #36  
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Default Re: HPV vaccination

Originally Posted by ian-mstm
Funny thing about immigration... people start to "second guess" themselves even when the path is (relatively) straight. Remember Ockham's Razor!

Ian
Wasn't questioning myself, but thanks for your concern anyway!
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Old May 23rd 2008, 10:00 am
  #37  
 
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Default Re: HPV vaccination

Originally Posted by ian-mstm
The K1 beneficiary is authorized to work for any employer... even a specific employer.

Ian
You are going in a circle now.

The I-9 (new version) is not clear on what that particular instruction means, and I think it might mean something different than you are saying.
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Old May 23rd 2008, 4:26 pm
  #38  
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Default Re: HPV vaccination

Originally Posted by ian-mstm
The K1 beneficiary is authorized to work for any employer... even a specific employer.

Ian
I think having no restrction on employer or type of employment is very different to a specific employer. A K1 beneficiary has no specific employer tied to their status so I don't see how the precise wording of item 5 can cover a K1.

This isn't like a Venn diagram where "specific employer" is part of "any employer". It's a seperate entity. It's "no restriction" or "a restriction". In the case of item 5, it's talking about where a restriction exists.
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Old May 24th 2008, 12:30 am
  #39  
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Default Re: HPV vaccination

Originally Posted by Knight
A K1 beneficiary has no specific employer tied to their status so I don't see how the precise wording of item 5 can cover a K1.
You and I both agree that a K-1 is work authorized and that the EAD provides proof of that authorization. I choose to interpret the I-9 in a manner most favorable to the K-1 status. You choose to interpret the I-9 in a manner less favorable to the K-1 status. I think we're at a stalemate.

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